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Gautambhai Dayabhai Diyora vs State Of Gujarat on 31 January, 2019

R/CR.MA/1733/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 1733 of 2019

GAUTAMBHAI DAYABHAI DIYORA
Versus
STATE OF GUJARAT

Appearance:
MR TULSHI R SAVANI(3070) for the PETITIONER(s) No. 1,2,3,4,5,6
for the RESPONDENT(s) No. 2,3
MR MANAN MEHTA, APP for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

Date : 31/01/2019

ORAL ORDER

1. This petition is filed seeking quashment

of an FIR being I-C.R.No.20 of 2019, registered

with Varachhal Police Station, Surat under

Sections 3(1)(r)(s) of the Atrocities Amendment

Act, 2015 and under Sections 498A, 323, 506(2)

and 114 of the Indian Penal Code, applicants are

before this Court.

2. This Court has heard learned advocate

Mr.Tulshi R. Savani with learned advocate Mr.D.P.

Kiranwala appearing for the applicants.

Page 1 of 3

R/CR.MA/1733/2019 ORDER

3. Learned advocate for the applicants has

urged that the respondent No.6, is sister-in-law,

who was suffering from Cancer. She had been

operated and thereafter, treated with

Chemotherapy. According to him, her post

operation are treatments, are going on. He has

also urged that so far as respondents Nos. 2 and

3 are concerned, they are residing at Amreli and

have no connection with the events at Surat.

4. Issue notice only for the purpose of

exploring the possibility of amicable settlement

returnable on 12.02.2019. Learned APP waives

service of notice on behalf of the respondent-

State.

5. Considering the ailment of petitioner

No.6, there shall be no coercive action against

the applicant No.6. She shall cooperate with the

investigating Officer.

Page 2 of 3

R/CR.MA/1733/2019 ORDER

6. Qua applicant Nos.2 and 3,

Investigating Officer to follow the dictum laid

down by the Apex Court in the case of Joginder

Kumar vs. State of Uttar Pradesh, reported in

(1994) 4 SCC 260 as well as Social Action Forum

for Manav Adhikar and another vs. Union of India,

Ministry of law and justice and others, 2018 Vol.

10 SCC 443.

7. S.O. to 12.02.2019 in the first 25

matters.

Direct service is permitted today.

Simultaneously, the notice shall also be sent by

way of speed post.

(SONIA GOKANI, J)
KUMAR ALOK

Page 3 of 3

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